PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION LEGAL NETWORK FOR TRUTHFUL ELECTIONS WHAT IS LENTE? The Legal Network for Truthful Elections (LENTE) was established in 2007 in response to wide scale and systematic fraud during the past elections. MISSION LENTE is committed to ensuring truthful elections and meaningful electoral participation for the good of the Filipino people. VISION LENTE envisions a genuine and participatory democratic Philippine society with an informed, empowered and engaged citizenry, where LENTE serves as a steadfast guardian of a credible and accessible electoral system. OBJECTIVES 1. To conduct public education activities on the Philippines electoral system 2. To lobby and advocate for electoral reforms that would ensure the credibility of the electoral process and restore the citizens‟ trust in the Philippine democracy 3. To pursue criminal and administrative cases against violators of election laws 4. To strengthen institutional ties among various citizen‟s arms and other organizations for networking, collaboration and coordination of projects and activities 5. To monitor the conduct of elections CONTACT US: FOLLOW US: Address: Rm. 303, Ateneo Professional Schools Bldg., #20 Rockwell Drive, Rockwell Center, Makati City Landline: (02) 403-2249 Globe: 0917-602-3228 Smart: 0939-352-4295 www.lente.ph @lente_ph @lente_ph lentephilippines lente.philippines@gmail.com 24 A PRIMER ON VOTER REGISTRATION A GUIDE FOR THE MAY 2016 NATIONAL & LOCAL ELECTIONS PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION INCLUSION AND EXCLUSION OF VOTERS TABLE OF CONTENTS PAGE TITLE Page Terms to Remember 3 The Right to Vote 4 Basics of Registration 5 How to Register? 6-7 Registration for PWDs, Senior Citizens and IPs 8 Registration for Detainee Voters 9 Registration for Overseas Absentee Voting 10-12 Transfer of Registration of Records 13 Correction of entries in the Registration Records 14 Deactivation of Registration 15 Reinstatement of Registration 16 Notice and Hearing on Applications 17 Mandatory Biometrics Act 18 Validation of Records 19-21 Updating of Records for PWD, Senior Citizen and LEGAL NETWORK FOR TRUTHFUL ELECTIONS What is a petition for inclusion? It is a process wherein a voter whose application has been disapproved or has been struck from the voter‟s list may file a petition in court to include his/her name in the permanent list of voters in his/her precinct. (Section 34, R.A. No. 8189) For the 2016 Elections, the petition shall be filed not later than January 25, 2015. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the ERB. The petition shall be decided within fifteen (15) days after its filing. (Section 49, COMELEC Resolution No. 9853) What is a petition for exclusion? A petition for exclusion is an action filed by a registered voter, a representative of a political party, or the EO for the exclusion a voter from the permanent list of voters, giving the name, address and precinct of the challenged voter. (Section 35, R.A. No. 8189) For the 2016 Elections, the petition shall be filed not later than January 30, 2015. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing. 22 Inclusion and Exclusion of Voters 23 About LENTE 24 Who has jurisdiction over petitions for inclusion/exclusion of voters? Any petition for inclusion/exclusion of voters will be filed in municipal and/or metropolitan trial courts. (Section 33, R.A. No. 8189) Updated August 2014 2 23 LEGAL NETWORK FOR TRUTHFUL ELECTIONS PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION UPDATING OF RECORDS FOR PWD, SENIOR CITIZEN AND IPS TERMS TO REMEMBER (SECTION 39, COMELEC RESOLUTION NO. 9853) APP means “Accessible Polling Places”. These are polling places which have complied with the mandatory requirements to cater the needs of PWD voters, specifically in terms of its location at the ground floor of the voting center. 22 Abbreviations APP Accessible Polling Place ARMM Autonomous Region for Muslim Mindanao BEI/BET Board of Election Inspector/ Board of Election Teller BP 881 Batas Pambansa Bilang 881 or Omnibus Election Code COMELEC Commission on Elections EO Election Officer ERB Election Registration Board ICC Indigenous Cultural Communities IFES International Foundation for Electoral Systems IP Indigenous Peoples LENTE Legal Network for Truthful Elections MTC Municipal Trial Court / Metropolitan Trial Court OAV Overseas Absentee Voting PES Provincial Election Supervisor PWD Persons with Disability RED Regional Election Director SBEI/SBET Special Board of Election Inspector/ Special Board of Election Teller VRM Voter Registration Machine 3 LEGAL NETWORK FOR TRUTHFUL ELECTIONS PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION THE RIGHT TO VOTE What is the Right to suffrage? It is the right to vote and to be elected at genuine periodic elections. (Article 25 (b), International Covenant on Civil and Political Rights) To Validate or Not to Validate? If you‟re not sure of your biometrics status, check it online by following the steps below: Who has the right to vote? According to Art. V, Sec. 1 of the 1987 Constitution, suffrage may be exercised by: all citizens of the Philippines not disqualified by law at least eighteen years of age have resided in the Philippines for at least one (1) year and in the place wherein they propose to vote, for at least six (6)months immediately preceding the election no literacy, property, or other substantive requirement will be imposed on the exercise of suffrage. When can you exercise your right to vote? In order that a qualified elector may vote he/she must be registered in the permanent list of voters for the city or municipality where he/she resides (Section 115, Batas Pambansa Blg. 881). His/her registration records should not have been deactivated by reason of his/her failure to vote in two (2) successive preceding regular elections (Section 27 (d), R.A. No. 8189). Specifically for May 2016 elections, he/she must have been able to submit himself/herself for validation — the capture of biometrics before the last day of registration on October 31, 2015. (Section 7, R.A. No. 10367). Which candidates can you vote for in the May 2016 elections? President Vice President 12 Senators Congressmen Local Government Unit Candidates (except barangay officials) REMINDER! Registration is for FREE. No fees is required to be registered . 4 COMELEC’s I-Rehistro You can fill-up your application forms for new registrants, reactivation, correction, change name, transfer or just download a blank form. You are still required to go to the COMELEC Office near you to complete the registration process. For registrants in Quezon City, you can fill-up your forms and submit it online for your schedule to go at COMELEC’s office. go to http://www.comelec.gov.ph/?r=VoterRegistration/iRehistro 21 LEGAL NETWORK FOR TRUTHFUL ELECTIONS PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION BASICS OF REGISTRATION VALIDATION OF RECORDS What to do if the Voting Registration Machine (VRM) is defective during registration? (a) If the VRM becomes defective during the registration period, the accomplished application forms will be accepted but not processed. In this case, the EO will immediately inform the Information Technology Department (ITD) and Election and Barangay Affairs Department (EBAD) that the VRM is defective and request immediate repair or replacement. (b) The EO will immediately notify in writing the applicants concerned once the VRM is functional again. If the applicant fails to return despite the written notice, his/her application will be considered incomplete and deemed not filed, and will not be submitted to the ERB. The EO will print and post the list of applicants who failed to return for BIOMETRICS data capturing in the city/municipality bulletin boards and EO‟s Office. (Section 8, COMELEC Resolution No. 9853) What is registration? Registration refers to the act of accomplishing and filing a sworn application for registration by a qualified voter before the election officer (EO) of the city or municipality wherein he/she resides and including the same in the book of registered voters, upon approval of the Election Registration Board. (Section 3, R.A. No. 8189) Who may register? In order for a person to register he/she must be: 18 years old on or before May 9, 2016; Resident of the Philippines for at least 1 year; Resident of the place he/she wishes to vote at for at least six (6) months; and Not disqualified by law. (Section 9, R.A. No. 8189) Who are disqualified to register? The following shall be disqualified to register: Sentenced by final judgment for imprisonment not less than one (1) year Adjudged by final judgment of having committed a crime involving disloyalty to the government (rebellion, insurrection, or any crimes against national security) Declared insane or incompetent by a competent authority, unless such authority declares that such person is no longer such (Section 9, R.A. No. 8189) When can you register for the 2016 Elections? May 6, 2014 to October 31, 2015, 8am to 5pm from Mondays to Fridays, inclusive of holidays (COMELEC Resolution No. 9889, released last August 2, 2014) except fot NCR and Highly Urbanized Cities (Baguio City, Angeles City, Olongapo City, Lucena City, Puerto Princesa City, Ilo-ilo City, Bacolod City, Cebu City, Mandaue City, Lapulapu City, tacloban City, Zamboanga City, Cagayan De Oro City, Iligan City, Davao City, Gen. Santos City at Butuan City), where registration is from Sundays to Fridays at 8 o’clock in the morning until 5 o’clock in the afternoon. Where can you register for the 2016 Elections? Office of the Election Officer where you reside Satellite Registration Office No to Mañana! Register early. Go to the Office of the Election Officer to know the schedule of satellite registration if you want to avail of this service 20 5 LEGAL NETWORK FOR TRUTHFUL ELECTIONS PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION HOW TO REGISTER (SECTION 12, COMELEC RESOLUTION NO. 9853) VALIDATION OF RECORDS WHAT IS VALIDATION? It is the process of completing the data of registered voters who have no biometrics data or with incomplete biometrics data. (Section 38, COMELEC Resolution No. 9853) Who are relatives up to the 4th degree of consanguinity or affinity? Relatives within 4th civil degree are from the parents, grandparents up to your FIRST COUSIN. 6 19 PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION MANDATORY BIOMETRICS ACT LEGAL NETWORK FOR TRUTHFUL ELECTIONS HOW TO REGISTER What is MANDATORY BIOMETRICS VOTER REGISTRATION (Republic Act No. 10367)? It is the law which requires every registered voter and would-be voter to have their biometrics taken in order to exercise their right to vote in the May 2016 Synchronized National, Local and ARMM Regional Elections. This biometric requirement is a prerequisite in exercising the right to vote in the 2016 National and Local elections and succeeding elections thereafter. What is BIOMETRICS? Biometrics refers to the quantitative analysis that provides a positive identification of an individual such as voice, photograph, fingerprint, signature, iris and/or such other identifiable features captured by the Data Capture Machine. (Sections 2(b) & (c), R.A. No. 10367) Who should submit for Validation? Those registered voters whose biometrics have not been captured shall submit themselves for validation (Section 3, R.A. No.10367) What is the main use of the Biometric Database? The database generated by biometric registration shall be secured by the Commission and shall not be used, under any circumstance, for any purpose other than for electoral exercises (Section 9, R.A. No. 10367). What are the Prohibited Acts identified under the Mandatory Biometrics Act? The following shall be election offenses punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code": a. Any person who shall prohibit, impede, obstruct or prevent a registered voter or a new voter from submitting his or her biometrics for capture through the use of force, intimidation or monetary consideration; and b. Any public official or person who, under the guise of implementing this Act, shall unjustifiably and without due process, cause the deactivation or reactivation of any registered voter (Section 9, R.A. No. 10367). 18 VRM means “Voter Registration Machine” 7 PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION REGISTRATION FOR PWDS, SENIOR CITIZENS AND IPS (SECTION 1, COMELEC RESOLUTION NO. 9853) LEGAL NETWORK FOR TRUTHFUL ELECTIONS NOTICE AND HEARING ON APPLICATIONS SECTION 33, COMELEC RESOLUTION NO. 9583 REMINDER: The EO will adopt a system to speed up the registration process and provide express lanes for the exclusive use of Persons with Disabilities (PWD), Senior Citizens and Indigenous Peoples (IP) 8 After registration, your application will undergo the process of approval from the Election Registration Board (ERB) to be a registered voter. 17 LEGAL NETWORK FOR TRUTHFUL ELECTIONS PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION REINSTATEMENT OF REGISTRATION What will you do if your registration is omitted? (Reinstatement) Any registered voter whose name has not been included, or has been omitted in the precinct certified list of the immediate preceding elections, may file an application for reinstatement. (Section 21, COMELEC Resolution No. 9853) REGISTRATION FOR DETAINEE VOTERS Who is entitled to avail of detainee voting? Any registered detainee whose registration record is not transferred, deactivated, cancelled or deleted may avail of detainee voting. (Section 1, COMELEC Resolution No. 9371) Who are detainees? Any person: confined in jail, formally charged for any crime(s) and awaiting/ undergoing trial; or serving a sentence of imprisonment for less than one (1) year; or convicted of a crime involving disloyalty to the government (such as rebellion, sedition, violation of the firearms laws or any crime against national security or for any other crime on appeal) (Sec 2(a), COMELEC Resolution No. 9371) When can a detainee register? A detainee can register if he/she is at least eighteen (18) years of age on the day of election and is committed inside the detention center for at least six (6) months immediately preceding the election day. Detainees who are already registered voters may apply for transfer of registration records as warranted by the circumstances. (Section 6, COMELEC Resolution No. 9853) Where to register? A detainee can register at the satellite registration in detention centers/jails. (Section 6, COMELEC Resolution No. 9853). Who shall conduct the registration? EOs will conduct satellite registration in the facility for detainees who are residents under the EOs‟ respective jurisdictions. (Section 5 in relation to Section 6, COMELEC Resolution No. 9853). 16 9 PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION LEGAL NETWORK FOR TRUTHFUL ELECTIONS REGISTRATION FOR OVERSEAS ABSENTEE VOTING DEACTIVATION OF REGISTRATION Can qualified Filipino citizens abroad exercise their right to vote? Yes. All citizens of the Philippines living abroad, who are not otherwise disqualified by law and at least eighteen (18) years of age on the day of elections, may vote for President, Vice-President, Senators and Party-List Representatives, as well as in all national referenda and plebiscites (Section 4 , R.A. No. 9189, as amended). The registration of the following persons are deactivated and removed from the corresponding precinct book of voters, and marked and dated in indelible ink in the inactive file after entering the cause or causes of deactivation: Who are disqualified to vote overseas? (a) Those who have lost their Filipino citizenship in accordance with Philippine laws; (b) Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country, except those who have reacquired or retained their Philippine citizenship under Citizenship Retention and Reacquisition Act of 2003; (c) Those who have committed and are convicted in a final judgment by a Philippine court or tribunal of an offense punishable by imprisonment of not less than one (1) year, such judgment not having been removed by plenary pardon or amnesty; Any citizen of the Philippines abroad previously declared insane or incompetent by a competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent (Section 5 , R.A. No. 9189, as amended). Under item (c), any person disqualified to vote will automatically acquire the right to vote five (5) years after serving his or her sentence Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such judgment not having been removed by plenary pardon or amnesty: Provided, however, that any person disqualified to vote under this paragraph will automatically reacquire the right to vote five (5) years after the sentence has been served, as certified by clerks of the Municipality/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan; Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the antisubversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; provided, that he/she shall regain his/her right to vote automatically five (5) years after serving their sentence; Any person declared by a competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such a person is no longer insane or incompetent; Any person who did not vote in two (2) successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections; Any person whose registration has been ordered excluded by the Court; and Any person who has lost his Filipino citizenship. (Section 27, R.A. No. 8189). How can you reactivate your registration? Where can the qualified citizens register to vote? (a) Any posts abroad - any Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad and having jurisdiction over the places where the overseas voters reside; or, (b) Field and mobile registration centers that will be set up outside the posts or in the Philippines, as approved by COMELEC. (Section 6, R.A. No. 9189, as amended). 10 Any registered voter whose registration has been deactivated may apply for reactivation of his/her registration records with the EO by personally accomplishing in three (3) copies, both sides of the prescribed application form stating therein that the grounds for the deactivation no longer exist. (Section 17, COMELEC Resolution No. 9853 in relation to Section 28, R.A. No. 8189). 15 PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION CORRECTION OF ENTRIES IN THE REGISTRATION RECORDS When can the entries in the precinct book of voters or in the certified list of voters be corrected? When the registration records contain erroneous entries, including wrong or misspelled name, birth date, birth place or typographical errors. (Section 19, COMELEC Resolution No. 9853) LEGAL NETWORK FOR TRUTHFUL ELECTIONS REGISTRATION FOR OVERSEAS ABSENTEE VOTING What are the requirements for registration? (a) A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and has found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport, but is unable to produce the same for a valid reason; and (b) Accomplished registration form prescribed by the Commission. For Applicants who availed themselves of the „Citizen Retention and Reacquisition Act (Republic Act No. 9225), they shall present the original or certified true copy of the order of approval for their application to retain or reacquire their Filipino citizenship, issued by the post or their identification certificate issued by the Bureau of Immigration (Section 12, R.A. No. 9189, as amended). 14 11 PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION What will the overseas voter do if he/she is previously registered, pursuant to the Voter’s Registration Act of 1996(R.A. No. 8189)? Qualified Philippine citizens abroad will apply for certification as overseas voters and inclusion in the National Registry of Overseas Voters (NROV). If approved, the EO will note the applicant‟s registration/certification as an overseas voter in the certified voters‟ list and in the voter‟s registration records. (Section 9.3, R.A. No. 9189, as amended). LEGAL NETWORK FOR TRUTHFUL ELECTIONS TRANSFER OF REGISTRATION OF RECORDS This step-by-step process of registration are for previously registered voters who transferred from their old residence to another complying with the six (6) month residency requirement. (Section 15, COMELEC Resolution No. 9853) What will the overseas voter do if the voting venue changes? The overseas voter, with the Office for Overseas Voting (OFOV) through its Chairperson, must file an application for transfer of registration at least one hundred eighty (180) days before the start of the overseas voting period. (Section 10 of R.A. No. 9189, as amended). What will the overseas voter do if he/she will eventually vote in the Philippines? Applicants who would eventually vote in the Philippines should register within the time frame provided for local registration in the municipality, city, district where they intend to vote. Applicants who have registered in the municipality, city or district where they resided prior to their departure abroad do not need to register again. Transferees shall notify OFOV of their transfer back to the Philippines at least one hundred eighty (180) days prior to the next national elections in order to have their name cancelled from Certified List of Overseas Voters (CLOV) and of removing their overseas voter‟s registration from the book of voters. (Section 10 of R.A. No. 9189, as amended). Can the registration of an approved overseas voter be deactivated? Yes. The Resident Election Review Boards will deactivate and remove the registration records of the following persons from the corresponding book of voters: (a) Any person who has been sentenced by final judgment by a Philippine court or tribunal to suffer imprisonment for not less than one (1) year, such judgment not having been removed by plenary pardon or amnesty: (b) Any person declared by a competent authority to be insane or incompetent, unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent; (c) Any person who did not vote in two (2) consecutive national elections as shown by voting records; and (d) Any person whose registration has been ordered excluded by the courts. (Section 14, R.A. No. 9189, as amended). 12 13